State v. Craig

The opinion of the court was delivered by

Six, J.:

This case considers whether a half-blood uncle is subject to prosecution under K.S.A. 21-3603, the aggravated incest statute.

A Question Reserved By The Prosecution

Our jurisdiction is under K.S.A. 22-3602(b)(3), an appeal upon a question reserved by the prosecution. The State indicates in its notice of appeal that jurisdiction is under K.S.A. 22-3602(b)(l), an appeal from an order dismissing the complaint, information, or indictment. However, we are informed by the State’s docketing statement, Rule 2.041 (1993 Kan. Ct. R. Annot. 10), that the…